The Residuals Gap
Why Actors Get Paid Forever and Athletes Don't
Who Owns The Game? – Part 3 | February 10, 2026
Part 0: Who Owns The Catch? — The overview
Part 1: You're Not A Creator — Copyright law and athletic performances
Part 2: The Immaculate Theft — 50 years, $0 to Franco Harris
Part 3: The Residuals Gap ← YOU ARE HERE
Part 4: The Taylor Swift Strategy — Reclaiming your masters
Part 5: The Hidden Revenue — What the NFL won't disclose
Part 6: The Video Game Loophole — Why Madden pays but highlights don't
Part 7: The International Comparison — How other countries handle sports IP
Part 8: The Case Nobody Will File — The lawsuit that could change everything
What Are Residuals?
Residuals are payments actors receive when their work is reused—rebroadcast, streamed, sold to international markets, or distributed in new formats.
Here's how they work:
1. Initial compensation: An actor is paid a salary or fee to perform in a TV show, movie, or commercial. This covers the original production and initial broadcast/release.
2. Reuse triggers residuals: Every time that work is reused—reruns on cable, streaming on Netflix, international broadcasts, DVD sales, etc.—the actor gets an additional payment. This is the residual.
3. Payments continue indefinitely: As long as the work is being reused, residuals keep flowing. A TV show from the 1990s that still airs in syndication generates residuals 30 years later.
4. The amounts vary: Residuals are calculated based on formulas negotiated by SAG-AFTRA (the actors' union). The formula considers factors like:
- The actor's original compensation (higher-paid actors get higher residuals)
- The type of reuse (network reruns pay more than cable, streaming has separate rates)
- The platform (domestic vs. international, theatrical vs. home video)
- How many times the work is reused (residuals often decrease with each rerun, but never go to zero)
Residuals aren't copyright royalties. Actors don't own the copyright to films or TV shows—studios do. But actors negotiated contractual rights to ongoing compensation through collective bargaining. SAG-AFTRA made residuals a mandatory part of every contract.
The result: actors get paid every time their work generates revenue, even decades after they filmed it.
DEFINITION:
Residuals = ongoing payments to actors when their work is reused (reruns, streaming,
international broadcasts, DVD sales, new formats)
HOW THEY'RE TRIGGERED:
• Original broadcast/release → Actor gets initial salary
• Rerun on network TV → Actor gets residual payment
• Sold to cable syndication → Actor gets residual payment
• Streamed on Netflix/Hulu → Actor gets residual payment
• Sold to international markets → Actor gets residual payment
• Released on DVD/Blu-ray → Actor gets residual payment
• Every subsequent use → Additional residual payment
WHO GETS RESIDUALS:
Any actor covered by SAG-AFTRA collective bargaining agreement (film, TV, commercials).
Both lead actors and background performers get residuals (amounts vary by role/salary).
HOW LONG THEY LAST:
Indefinitely. As long as the work is being reused, residuals continue. A show from
1990 still generates residuals in 2026 if it's still airing/streaming.
HOW MUCH THEY PAY:
Varies based on:
• Actor's original salary (higher salary = higher residuals)
• Type of reuse (network reruns pay more than cable)
• Platform (streaming has separate rates negotiated in 2023 strike)
• Number of reruns (residuals decrease with each reuse but never hit zero)
Example: An actor who earned $20,000/episode for a 1990s sitcom might earn $1,000-$5,000
per rerun initially, decreasing to $100-$500 for later airings, but continuing forever.
KEY POINT:
Residuals are NOT copyright royalties. Studios own the copyright. But actors negotiated
CONTRACTUAL rights to share in reuse revenue through union collective bargaining.
The Friends Example: $1 Billion in Residuals
Let's look at the most famous residuals story in Hollywood: Friends.
The show aired from 1994 to 2004. Ten seasons, 236 episodes. The six main cast members—Jennifer Aniston, Courteney Cox, Lisa Kudrow, Matt LeBlanc, Matthew Perry, David Schwimmer—were paid escalating salaries:
- Season 1 (1994): $22,500 per episode
- Seasons 3-6: $75,000 - $125,000 per episode
- Seasons 7-8: $750,000 per episode
- Seasons 9-10: $1 million per episode
By the final season, each actor earned $1 million per episode, or $24 million for the season. That was their initial compensation—what they were paid to film the show.
But the real money came after the show ended.
Friends became one of the most valuable properties in television history. It aired in syndication on cable networks (TBS, Nick at Nite, etc.) continuously from 2004 onward. In 2015, Netflix paid $100 million for streaming rights. In 2019, HBO Max (now Max) paid $425 million for exclusive streaming rights starting in 2020. In 2024, the show still streams on Max and airs in syndication globally.
Every time the show is rebroadcast or streamed, the cast earns residuals.
Estimated residuals earnings for the Friends cast:
- 2004-2015 (syndication on cable): $10-15 million per year (combined)
- 2015-2020 (Netflix streaming): $15-20 million per year (combined)
- 2020-present (Max streaming + continued syndication): $20 million+ per year (combined)
Total residuals since 2004: Estimated $400-500 million (combined for all six cast members).
And the payments continue. As long as Friends airs somewhere—on streaming, cable, international TV—the cast earns residuals.
This isn't unique to Friends. Every successful TV show generates residuals for its cast:
- Seinfeld cast still earns residuals from syndication and streaming (Jerry Seinfeld earns more because he's also a creator/producer, but the actors earn residuals too)
- The Big Bang Theory cast earns residuals from streaming and international broadcasts
- Breaking Bad cast earns residuals every time someone binge-watches on Netflix
- Even shows from the 1970s-1980s (Cheers, M*A*S*H, The Golden Girls) still generate residuals for surviving cast members or their estates
Residuals turn one-time work into a lifetime revenue stream.
INITIAL EARNINGS (1994-2004):
• Seasons 1-2: $22,500/episode → ~$1.1M total per actor
• Seasons 3-6: $75,000-$125,000/episode → ~$10M total per actor
• Seasons 7-8: $750,000/episode → $18M total per actor
• Seasons 9-10: $1,000,000/episode → $48M total per actor
• Total earned while filming (10 seasons): ~$90M per actor, $540M combined
RESIDUALS EARNINGS (2004-2026):
• 2004-2015 (cable syndication): $10-15M/year combined = $110-165M
• 2015-2020 (Netflix): $15-20M/year combined = $75-100M
• 2020-2026 (Max + syndication): $20M+/year combined = $120M+
• Total residuals (22 years): $400-500M combined, still ongoing
ESTIMATED LIFETIME EARNINGS PER ACTOR (FILMING + RESIDUALS):
• Jennifer Aniston: ~$160M+ (from Friends alone, not including other work)
• Courteney Cox: ~$160M+
• Lisa Kudrow: ~$160M+
• Matt LeBlanc: ~$160M+
• Matthew Perry (died 2023): ~$160M (estate continues earning residuals)
• David Schwimmer: ~$160M+
KEY INSIGHT:
The cast earned $90M each while filming (1994-2004). They've earned $70M+ each in
residuals since (2004-2026). The residuals will continue as long as the show streams
or airs anywhere. This is passive income from work done 20-30 years ago.
WHY THIS MATTERS:
This isn't unusual. This is how Hollywood works for every union actor. Residuals are
standard. They're negotiated into every SAG-AFTRA contract. And they turn performers
into long-term stakeholders in the content they create.
How Actors Won Residuals: A History of Strikes
Residuals weren't handed to actors. They were fought for—through strikes, negotiations, and decades of collective organizing.
Here's the history:
1960: The Strike That Created Residuals
In 1960, SAG (Screen Actors Guild, now merged into SAG-AFTRA) went on strike against film studios. The issue: studios were selling old movies to television networks, generating huge profits, and paying actors nothing.
Actors had been paid once to film the movies. But when studios resold those films to TV—a new distribution platform that didn't exist when the actors were originally hired—the studios kept 100% of the revenue.
SAG said: "If you're making money from our work in a new format, we deserve a share."
The studios resisted. The strike lasted months. But SAG won. The 1960 agreement established the principle: actors get residuals when their work is reused in new formats.
Initially, this applied only to films made after 1960 (studios refused to pay residuals on pre-1960 films sold to TV, and SAG didn't have the leverage to force it). But the precedent was set.
1980: Home Video Residuals
When VHS tapes became popular in the late 1970s, studios started selling movies on home video. Actors weren't getting residuals from these sales—home video was a "new format" not covered by the 1960 agreement.
In 1980, SAG struck again. The result: actors won residuals on home video sales, though the formula was less favorable than theatrical or TV residuals (studios argued home video costs were higher, so they negotiated a lower percentage for actors).
2000: DVD and Cable Residuals
The 2000 strike focused on residuals for DVDs (which were replacing VHS) and for cable reruns. SAG won improved residual formulas for both.
2023: Streaming Residuals
The 2023 SAG-AFTRA strike—the first dual strike with writers (WGA) in 63 years—was largely about streaming residuals.
The problem: streaming platforms (Netflix, Hulu, Max, etc.) paid residuals based on outdated formulas that didn't account for how streaming works. A show that streamed millions of times paid the same residuals as a show that barely anyone watched. Actors wanted residuals tied to viewership metrics—the more a show is watched, the more the actors earn.
After 118 days on strike, SAG-AFTRA won:
- Increased streaming residuals (higher base payments)
- Viewership-based bonuses for high-performing shows (if a show is in the top tier of viewership, actors get additional payments)
- AI protections (studios can't use AI to recreate actors' likenesses without consent and compensation)
The pattern is consistent: Every time a new distribution format emerges, actors strike to ensure they get residuals from it.
This is how residuals work. They're not automatic. They're fought for, negotiated, and defended through collective action.
1960 SAG STRIKE (6 months):
Issue: Studios selling old films to TV, paying actors $0
Outcome: Residuals established for films made after 1960 when sold to TV
Precedent: Actors deserve ongoing compensation when work is reused in new formats
1980 SAG STRIKE (3 months):
Issue: Home video (VHS) sales generating revenue, actors getting $0
Outcome: Residuals for home video sales (though lower rate than TV/theatrical)
Precedent: New formats = new residuals negotiations
2000 SAG STRIKE (6 months):
Issue: DVDs replacing VHS, cable reruns increasing, residual formulas outdated
Outcome: Improved residuals for DVDs and cable syndication
Precedent: Residual formulas must evolve with technology
2023 SAG-AFTRA STRIKE (118 days, joint with WGA):
Issue: Streaming platforms paying flat residuals regardless of viewership; AI threats
Outcome: Higher streaming residuals + viewership bonuses + AI protections
Precedent: Residuals must reflect actual value generated (views, not just existence)
THE PATTERN:
New format emerges → Studios profit without sharing → Union strikes → Residuals negotiated
→ Actors get ongoing compensation → Next format emerges → Repeat
KEY INSIGHT:
Residuals weren't given. They were won through organized labor action. SAG-AFTRA has
struck FOUR TIMES in 60+ years to establish and expand residuals. Each strike lasted
months. Actors lost income during strikes. But they won permanent structural changes
that pay off for decades. This is what collective bargaining with leverage looks like.
Why Athletes Don't Have Residuals
If actors can negotiate residuals for reuse of their work, why can't athletes?
The short answer: They never tried. And if they tried now, they'd probably lose.
Here's why:
1. The NFLPA Never Made It a Priority
The NFL Players Association has existed since 1956. It's been the official bargaining representative for players since 1968, when the NFL first recognized the union.
In nearly 60 years of collective bargaining, the NFLPA has negotiated:
- Salary increases (successfully)
- Revenue sharing (players now get ~48.5% of total league revenue)
- Health and safety protections (with mixed results)
- Pension and benefits improvements
- Free agency rights (won after 1987 strike)
But the NFLPA has never demanded residuals for footage reuse.
Why not?
Short careers: The average NFL career is 3.3 years. Players are focused on maximizing earnings during their brief window. Long-term residuals—payments that might not kick in for decades—aren't a priority when you're trying to earn enough to retire at 27.
Lack of awareness: Most players don't realize how much the NFL earns from highlights, documentaries, and archival footage. The league doesn't disclose those revenue figures. Without transparency, players don't know what they're missing.
Legal precedent: By the time anyone thought to ask, courts had already ruled (in cases like Baltimore Orioles v. MLBPA, 1986) that teams own the copyright to game broadcasts. Challenging that ownership would require overturning federal copyright law, not just negotiating a contract clause.
Other priorities: Every CBA negotiation is a battle. The NFLPA has limited leverage (more on that below). They spend their bargaining capital on salary, guarantees, and health benefits—issues that affect active players immediately. Residuals for retired players aren't a priority.
2. The NFLPA Lacks Strike Leverage
SAG-AFTRA can strike effectively because:
- Actors have long careers. A 40-year-old actor can afford to strike for six months because they'll work for another 20+ years. The short-term income loss is worth the long-term gain.
- Studios can't replace them. You can't make a movie without actors. There's no scab labor that can deliver the same product.
- Strikes halt production. When actors strike, studios lose money immediately. Every day without filming is a day of lost revenue.
The NFLPA doesn't have these advantages:
- Players have short careers. A 25-year-old NFL player with a 3.3-year average career can't afford to strike for a full season. That's 33% of their earning window gone. They'd go broke before the owners blinked.
- The NFL can use replacement players. They did it in 1987. The games were worse, but they aired. Fans still watched. Revenue still flowed (though at reduced levels).
- Owners can outlast players. NFL teams are owned by billionaires. They can absorb a season of lost revenue. Players can't. The economic imbalance is too great.
So when the NFLPA threatens to strike, the NFL knows it's a bluff. Players can't actually hold out for months or years the way actors can. And without credible strike leverage, the union can't win concessions like residuals that would fundamentally change the economic structure.
3. Copyright Law Favors Leagues, Not Players
Even if the NFLPA demanded residuals, the NFL could argue: "We already share ~48.5% of revenue with you through the salary cap. That includes revenue from media rights. You're already getting paid for footage reuse—it's built into the overall revenue split."
And legally, they'd have a point. The CBA defines "All Revenues" (the pool that's split with players) to include media rights deals. So when the NFL signs a $110 billion media contract with networks, ~$53 billion of that flows to players via the salary cap.
The NFLPA could argue: "But that's for live games, not for reuse of archival footage in documentaries and highlights." But distinguishing between "live broadcast revenue" and "archival footage revenue" would be nearly impossible—the NFL bundles it all together in its media deals.
Without a legal framework that separates players' performance rights from the league's broadcast rights (the way copyright law separates actors' residual rights from studios' ownership), the NFLPA has no leverage to demand a separate payment stream.
4. Retired Players Have No Leverage At All
The biggest beneficiaries of residuals would be retired players—guys like Franco Harris, whose iconic moments generate revenue decades after they stop playing.
But retired players aren't part of the NFLPA's bargaining unit. Only active players are. The union negotiates on behalf of current players, not former ones.
So even if residuals made sense, who would fight for them? Active players are focused on their own salaries. They're not going to strike for a benefit that mostly helps guys who aren't even in the league anymore.
This is the structural problem: The people who would benefit most from residuals (retired players) have no seat at the bargaining table. The people at the table (active players) have no incentive to fight for them.
PROBLEM 1: NO STRIKE LEVERAGE
• Average NFL career: 3.3 years → Players can't afford to strike
• SAG-AFTRA can strike for months → Actors have 20-40 year careers
• NFL used replacement players in 1987 → Games still aired, revenue still flowed
• Owners are billionaires → Can outlast players economically
• Result: NFLPA threatens strike, NFL calls bluff, union loses
PROBLEM 2: REVENUE ALREADY SHARED
• CBA gives players 48.5% of "All Revenues" (includes media rights)
• NFL argument: "You're already paid for footage reuse via salary cap"
• Hard to distinguish "live broadcast $" from "archival footage $"
• Without separate legal framework, residuals = double-dipping (in NFL's view)
• Result: NFL refuses to negotiate separate payment stream
PROBLEM 3: COPYRIGHT LAW FAVORS LEAGUES
• Baltimore Orioles v. MLBPA (1986): Teams own telecasts
• Dryer v. NFL (2016): Copyright preempts publicity rights
• Federal law says leagues own footage, not players
• Changing this requires Congressional action (not happening)
• Result: Legal foundation for residuals doesn't exist
PROBLEM 4: RETIRED PLAYERS HAVE NO LEVERAGE
• Only active players are in NFLPA bargaining unit
• Retired players (who'd benefit most) can't vote on CBA
• Active players focus on immediate salary, not future residuals
• Union won't strike for benefit that helps non-members
• Result: Nobody at the table fighting for residuals
CONCLUSION:
Even if NFLPA wanted residuals, they couldn't win them. No leverage, no legal
foundation, no incentive structure. The system is designed to prevent it.
What Athletes Would Earn If They Had Residuals
Let's run the numbers. If NFL players had residuals comparable to actors, what would they earn?
Example: Tom Brady
Tom Brady played 23 seasons (2000-2022). He appeared in 10 Super Bowls, won 7. He's featured in countless documentaries, highlight packages, and NFL promotional campaigns. His games are rebroadcast constantly. His career is a content goldmine.
Conservative estimate of how much the NFL has earned from Tom Brady footage:
- Super Bowl broadcasts (reruns, international): Brady's 10 Super Bowl appearances are among the most-watched games in NFL history. When those games are rebroadcast (NFL Network, ESPN Classic, international markets), they generate advertising revenue and licensing fees. Estimated value tied to Brady's presence: $10-20 million over 23 years.
- Documentaries: Brady has been featured in dozens of NFL Films documentaries, network specials, and biographical films (including his own Man in the Arena series). Estimated licensing/production value: $5-10 million.
- Highlight packages: Every "Top 100 Plays," "Greatest Quarterbacks," "NFL's Best Moments" package features Brady. He's appeared in thousands of highlight shows over 23 years. Estimated value: $5-10 million.
- Promotional campaigns: NFL uses Brady footage to market the playoffs, Super Bowl, and the league itself. This drives viewership and increases media rights value. Estimated indirect value: $10-20 million.
Total estimated value of Tom Brady footage to the NFL: $30-60 million over 23 years.
Brady's share under current system: $0 (he was paid his salary while playing, but gets no residuals from footage reuse).
If Brady had actor-level residuals (assuming he'd get ~20-30% of the value his footage generates, similar to SAG-AFTRA formulas), he'd earn:
$6-18 million in residuals over 23 years, with ongoing payments every time his games/highlights are rebroadcast or licensed.
That's conservative. If Brady were treated like a lead actor in a hit TV series, he'd earn significantly more—potentially $50-100 million in lifetime residuals given his status as the most-featured player in NFL history.
Example: Peyton Manning
Peyton Manning played 18 seasons (1998-2015). He's in nearly as many documentaries and highlight packages as Brady. He's also featured prominently in NFL promotional content and commercial tie-ins.
Estimated value of Peyton Manning footage to the NFL: $25-50 million over 18 years.
If he had residuals: $5-15 million in lifetime earnings from footage reuse.
Actual earnings: $0.
Example: Jerry Rice
Jerry Rice retired in 2005. He's still featured in "greatest players" documentaries, highlight reels, and NFL Films productions. His career footage has been monetized for 20+ years after retirement.
Estimated value of Jerry Rice footage (1985-2026): $15-30 million.
If he had residuals: $3-9 million over 40 years, with ongoing payments as long as his footage is used.
Actual earnings: $0.
Scaling Across the League
Now imagine if every player—not just the superstars—got residuals from footage reuse.
The NFL earns $10+ billion annually from media rights. A significant portion of that value comes from the ability to reuse archival footage—highlights, documentaries, throwback games, classic matchups.
If players received even 10% of the value generated by footage reuse (far less than actors get, but a starting point), that could be:
$500 million - $1 billion annually distributed as residuals to current and former players.
Spread across ~20,000 living former NFL players, that's $25,000 - $50,000 per player per year in residuals—for life.
For guys like Franco Harris, Tom Brady, or Jerry Rice, it would be far more (because their footage is used more frequently). For lesser-known players, it might be less. But the principle would be the same: if your work is being reused, you get paid.
TOM BRADY (23 SEASONS, 2000-2022):
• Estimated NFL earnings from Brady footage: $30-60M (Super Bowls, docs, highlights, promos)
• If actor-level residuals (~20-30% of value): $6-18M lifetime, ongoing
• Actual residuals earned: $0
PEYTON MANNING (18 SEASONS, 1998-2015):
• Estimated NFL earnings from Manning footage: $25-50M
• If actor-level residuals: $5-15M lifetime, ongoing
• Actual residuals earned: $0
JERRY RICE (20 SEASONS, 1985-2004, FOOTAGE USED 1985-2026):
• Estimated NFL earnings from Rice footage (40 years): $15-30M
• If actor-level residuals: $3-9M over 40 years, still earning
• Actual residuals earned: $0
FRANCO HARRIS (13 SEASONS, 1972-1984, FOOTAGE USED 1972-2024):
• Estimated NFL earnings from Immaculate Reception alone: $5-10M (50 years)
• If actor-level residuals: $1-3M from one play, additional millions from other footage
• Actual residuals earned: $0
• Estate continues earning: $0 (Harris died 2022)
LEAGUE-WIDE ESTIMATE:
• NFL media rights: $10B+/year
• Portion attributable to footage reuse (highlights, docs, archives): $2-4B/year (estimate)
• If players got 10% of reuse value: $200-400M/year in residuals
• Distributed across ~20,000 living former players: $10,000-$20,000/player/year average
• Superstars (Brady, Manning, Rice): $100,000-$500,000/year
• Lesser-known players: $5,000-$15,000/year
WHAT PLAYERS ACTUALLY GET:
$0 in residuals. Ever.
The Structural Difference
The residuals gap isn't just about money. It's about who has power.
Actors have residuals because SAG-AFTRA has strike leverage. They can shut down Hollywood. Studios lose billions when production stops. So studios negotiate.
Athletes don't have residuals because the NFLPA lacks leverage. Players can't afford long strikes. The NFL can use replacement players. Owners can outlast the union economically. So the league doesn't negotiate.
But there's a deeper issue: the legal framework.
Actors can demand residuals because residuals are contractual payments, not copyright claims. Actors don't own the copyright to films—studios do. But actors negotiated a contractual right to share in revenue when their work is reused. This is legal. It doesn't violate copyright law. It's just a business arrangement.
Athletes could theoretically negotiate the same thing. The NFLPA could demand: "We don't challenge your copyright ownership of game footage. But we want a contractual right to share in revenue when you license that footage to third parties."
This wouldn't require changing federal copyright law. It would just require the NFL to agree. And the NFL would never agree unless forced to by strike leverage the NFLPA doesn't have.
So the gap persists. Actors get residuals. Athletes get nothing. And the legal and economic structures ensure it stays that way.
What Would It Take for Athletes to Win Residuals?
For the NFLPA to win residuals, they'd need:
1. Strike leverage. Players would have to be willing and able to sit out an entire season—or multiple seasons—to force the issue. This would require financial preparation (strike funds, outside income sources) and unity (every player willing to sacrifice short-term earnings for long-term gains). Given the short average career (3.3 years), this is nearly impossible.
2. Coalition with other sports unions. If the NFLPA, NBPA (basketball), MLBPA (baseball), and NHLPA (hockey) all demanded residuals simultaneously, they'd have more leverage. Leagues couldn't easily replace players across all four sports at once. But organizing a cross-sport coalition has never been attempted and faces massive coordination challenges.
3. Public support. If fans understood that players earn nothing from footage reuse while leagues earn billions, there might be public pressure on the NFL to share revenue more fairly. But this requires education and media coverage that hasn't materialized.
4. Legislative intervention. Congress could amend labor law to require residuals for athletes, the way it requires certain protections for other workers. But there's zero political will for this. Leagues lobby heavily. Athletes, as individuals, have no comparable political power.
5. Legal reinterpretation. Courts could rule that athletes' publicity rights survive copyright preemption in specific contexts (e.g., when footage is used for commercial purposes unrelated to promoting the sport itself). But after Dryer v. NFL, this seems unlikely. The legal door is closed.
None of these are happening. So residuals remain a Hollywood benefit that athletes will never see.
REQUIREMENT 1: STRIKE LEVERAGE
• Players would need to sit out entire season(s)
• Requires financial preparation (strike fund, outside income)
• Requires unity across all players (stars + role players)
• Average career is 3.3 years → players can't afford it
• Probability: <1%
REQUIREMENT 2: CROSS-SPORT COALITION
• NFLPA + NBPA + MLBPA + NHLPA demand residuals together
• Leagues can't replace players across all 4 sports simultaneously
• Creates unprecedented leverage
• Coordination never attempted, massive logistical challenges
• Probability: <1%
REQUIREMENT 3: PUBLIC PRESSURE
• Fans learn players earn $0 from footage reuse
• Media coverage creates pressure on NFL to share revenue
• But most fans don't care / don't understand issue
• Leagues control narrative through media partnerships
• Probability: <5%
REQUIREMENT 4: LEGISLATIVE INTERVENTION
• Congress amends labor law to require residuals for athletes
• But NFL lobbies heavily ($15M+/year in lobbying spend)
• Athletes have no comparable political power
• Zero political will to challenge leagues
• Probability: <1%
REQUIREMENT 5: LEGAL REINTERPRETATION
• Courts rule publicity rights survive copyright preemption in specific contexts
• After Dryer (2016), this seems foreclosed
• Would require Supreme Court to revisit copyright preemption doctrine
• No case currently positioned to reach SCOTUS on this issue
• Probability: <1%
CONCLUSION:
The gap will persist. Actors have residuals. Athletes don't. And there's no realistic
path to changing that without structural leverage players don't possess.
The Uncomfortable Conclusion
Jennifer Aniston earns millions from work she did 30 years ago. Franco Harris earned nothing from work that's been monetized for 50+ years.
The difference isn't talent. It's not value. It's not even fairness.
It's power.
SAG-AFTRA had the leverage to strike for months and win residuals. The NFLPA doesn't. Actors can shut down Hollywood. Athletes can't shut down the NFL without destroying their own careers first.
So the residuals gap persists. And it will persist indefinitely—because the structural conditions that created it (short careers, lack of strike leverage, copyright law favoring leagues) aren't changing.
In Part 4, we'll look at a different model: musicians who reclaim their masters and own their work outright. If actors can win residuals and musicians can own recordings, what would it take for athletes to do the same? And is it even possible?
RESEARCH APPROACH:
Randy directed focus: Why do actors have residuals and athletes don't? Claude researched SAG-AFTRA strike history (1960, 1980, 2000, 2023), residuals formulas and payment structures, Friends residuals earnings estimates, NFLPA bargaining history, Baltimore Orioles v. MLBPA (1986), Dryer v. NFL (2016), and structural differences in union leverage between SAG-AFTRA and NFLPA. All earnings estimates clearly labeled as estimates based on public reporting and industry standards.
FINDINGS:
• Actors won residuals through 4 major strikes over 60+ years (1960, 1980, 2000, 2023)
• Friends cast earns $20M+/year combined in residuals (2004-2026), total $400-500M since show ended
• NFLPA has never demanded residuals in any CBA negotiation (1968-present)
• Players lack strike leverage (short careers, replacement players possible, economic imbalance)
• If players had residuals: Brady would earn $6-18M lifetime, league-wide $200-400M/year distributed
• Actual player residuals: $0
• Path to change: requires strike leverage players don't have or legislative intervention that won't happen
WHAT THIS MEANS:
The residuals gap isn't about fairness or value—it's about power. SAG-AFTRA has leverage to strike and win. NFLPA doesn't. Actors shut down Hollywood for months. Athletes can't shut down NFL without destroying their own careers. So actors get residuals, athletes get nothing, and the structural conditions ensure it stays that way.
NEXT IN SERIES:
Part 4 examines musicians who reclaim their masters (Taylor Swift, 35-year termination rights). If actors can win residuals and musicians can own recordings, what would it take for athletes to own their performances? Is there a "reclamation" strategy for sports?
Sources: SAG-AFTRA strike history (public records, union statements); Friends residuals estimates (Hollywood Reporter, Variety, Forbes reporting); NFLPA bargaining history (CBA documents, union statements); 17 U.S.C. § 203 (termination rights); Baltimore Orioles v. MLBPA, 805 F.2d 663 (7th Cir. 1986); Dryer v. NFL, 814 F.3d 938 (8th Cir. 2016); average NFL career length (NFLPA data). All estimates clearly labeled. Full citations available on request.
Thank you for reading.

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